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ENGVALL v. SOO LINE RAILROAD CO.

No. C6-99-64.

632 N.W.2d 560 (2001)

James J. ENGVALL, Plaintiff, v. SOO LINE RAILROAD COMPANY, d/b/a Canadian Pacific Railway Company, Defendant and Third-Party Plaintiff, Petitioner, Appellant, General Motors Corporation, a foreign corporation, Third-Party Defendant, Respondent.

Supreme Court of Minnesota.

August 2, 2001.

Attorney(s) appearing for the Case

Eric J. Magnuson, Jeffrey R. Schmidt, and Peter D. Gray, Rider, Bennett, Egan & Arundel, L.L.P., Minneapolis, for appellant.

Mickey W. Greene, Hanson, Marek, Bolkcom & Greene, Ltd., Minneapolis, and David M. Heilbron, McCutchen, Doyle, Brown & Enersen, L.L.P., San Francisco, CA, and Thomas J. Sweeney, Eckert, Seamens, Cherin & Mellott, LLC, Pittsburgh, PA, for respondent General Motors Corporation.

Glenn Olander-Quamme, Spence, Ricke, Sweeney & Gernes, P.A., St. Paul, and Louis P. Warchot, Washington, D.C., for amicus curiae Association of American Railroads.

David B. Potter, Matthew J. Norton, Oppenheimer, Wolff & Donnelly, L.L.P., Minneapolis, and Hugh F. Young, Jr., Reston, VA, for amicus curiae Product Liability Advisory Council, Inc.

Heard, considered, and decided by the court en banc.

OPINION

PAGE, Justice.

We are asked to decide whether a railroad can maintain a cause of action for contribution and/or indemnity against a railroad locomotive manufacturer when the railroad is sued by an employee under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60 (1994). The district court granted summary judgment to the manufacturer, holding that federal law preempted the contribution and indemnity actions and that the manufacturer...

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